Accessory dwelling units
A. An accessory dwelling unit is a dwelling unit with separate permanent provisions for living, sleeping, eating, cooking, and sanitation that is located in the same structure as, or on the same lot as, a legally-established principal dwelling unit and is incidental and subordinate to the principal dwelling unit. Accessory dwelling units must satisfy the following requirements:
(Ord. dated 5-21-24)
1. The accessory dwelling unit shall have an entrance separate from that of the principal dwelling.
(Ord. dated 5-21-24)
2. A legally established single-unit or multi-unit dwelling may have one accessory dwelling unit that is accessory to the larger of the two principal dwelling units. An accessory dwelling unit shall not be located in, or on the same lot as a mobile home, a mobile home park, a hotel or motel, or a rooming house or boarding house.
(Ord. dated 5-21-24)
3. No more than one parking space shall be required for the accessory dwelling unit.
(Ord. dated 5-21-24)
4. The gross floor area of the accessory dwelling unit shall be no more than fifty percent (50%) of the gross floor area of the principal dwelling, not including unfinished basements, attics, garages, and unenclosed porches, or 800 square feet, whichever is larger, provided, however, that an accessory dwelling unit located in a finished basement may occupy the entire basement.
(Ord. dated 5-21-24)
5. The accessory dwelling unit shall be in the same ownership as the principal dwelling. Either the accessory dwelling unit or the principal dwelling unit must be occupied by the owner of the property.
(Ord. dated 5-21-24)
6. If the accessory dwelling unit will be located in a newly-constructed principal or accessory structure, the structure must satisfy the front yard, side yard, and rear yard dimensional requirements of this Title or must obtain a dimensional variance.
(Ord. dated 5-21-24)
7. An accessory dwelling unit may be constructed in an existing principal structure that is dimensionally nonconforming or in an existing accessory structure that is dimensionally nonconforming without a special use permit if the enlargement or addition does not increase the dimensional nonconformity of the building or structure. The dimensional nonconformity of a building may be increased only by special use permit. In addition to the criteria in Sec. 18.52.060, the property owner must prove by competent legal evidence that the lot is large enough to accommodate the expanded use, and that the enlarged building will be sufficiently separated from adjacent uses by the size or location of the lot or by a fence, a vegetative buffer, or by other means.
(Ord. dated 5-21-24)
8. If the principal dwelling is a legal nonconforming use, an accessory dwelling unit may be added to the principal dwelling or an accessory building on the same lot without a special use permit to intensify the use if the building footprint is not enlarged. The footprint of the principal dwelling or an existing accessory building on the same lot may be enlarged to accommodate construction of an accessory dwelling unit by special use permit. The property owner must prove by competent legal evidence that the lot is large enough to accommodate the expanded use, and that the enlarged building will be sufficiently separated from adjacent uses by the size or location of the lot or by a fence, a vegetative buffer, or other means.
(Ord. dated 5-21-24)
9. Before a building permit or a certificate of use and occupancy is issued for an accessory dwelling unit, the property owner shall submit to the building official a certification from the R.I. department of environmental management that the onsite wastewater treatment system serving the property will adequately accommodate the accessory dwelling unit.
B. Before February 1 of each year, the administrative officer shall report to the R.I. division of statewide planning all ordinances enacted during the previous calendar year concerning accessory dwelling units; all accessory dwelling units for which a building permit was issued during the two previous calendar years; and all accessory dwelling units for which a certificate of use and occupancy was issued during the two previous calendar years.
(Ord. dated 9-21-04 (part); Ord. dated 9-7-10; Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 5-21-24)
REFERENCES
R.I. Gen. Laws §§ 45-24-31, 45-24-37, 45-24-73, 45-24-74, 45-24-75.